SC allows NOTA in Gujarat Rajya Sabha polls

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The Supreme Court allowed the use of the 'None of the Above" or NOTA option in the upcoming poll for three Rajya Sabha seats in Gujarat. The apex court refused a Congress party plea to stay the use of the voting option. The Supreme Court then set September 18 as the date to hear detailed arguments on the issue.

It is a case of waking up a bit too late for the Congress in the Supreme Court. The NOTA or None of The Above option will be available in the Rajya Sabha elections in Gujarat as the Supreme Court rejected a Congress request to put it on hold.

The Apex Court raised the question of why it had not been challenged despite being in operation since 2014. The apex court did not agree to the contention of senior advocate Kapil Sibal, representing the Congress, that NOTA provision "will encourage corruption".

Attorney General K K Venugopal, meanwhile, said the Centre has nothing to do with the July 24 EC notification allowing NOTA to be used in the Gujarat RS polls. SC, however, has agreed to examine constitutional validity of EC's notification to give an option of NOTA in elections setting September 18 as the date to hear detailed arguments on the issue.

The Congress red flags NOTA, as it allows a voter to reject all candidates, saying it is against the ethos of indirect elections. The direction to have NOTA in the elections was enforced in January 2014 after the Supreme Court in 2013 made it mandatory to have the option in the electronic voting machines. The poll body had refused to review its decision to have NOTA, saying it was not a "new direction" and was introduced in 2014. While the BJP hit out at the Congress, after the Supreme Court's rebuff, a red faced Congress seemed to be at a loss for words.

The Congress objection to NOTA is being seen in the context of its prestige battle in Gujarat. Congress president Sonia Gandhi's aide Ahmed Patel is seeking another Rajya Sabha term from the state. The Congress in Gujarat seems to be caught in a Catch-22 situation after suffering back to back blows with the resignation of party veteran Shankersinh Vaghela and cross-voting in the presidential polls.

The party needs at least 45 of its 57 MLAs to re-elect its lone candidate from Gujarat, Ahmed Patel. At least 6 MLAs of the Congress have quit in Gujarat bringing down Cong party's current strength to 51. To win the Rajya Sabha elections on August 8, each candidate would require 45 votes. Both Smriti Irani and Amit Shah of the BJP will sail through easily with the support of 121 MLAs. The battle for the third seat would be keenly watched.

Another pertinent point is that according to ECI rules, if an MLA defies the party whip and uses the NOTA option, he cannot be disqualified as a legislator. While the party is free to take disciplinary action including expulsion, the defiant voter can continue to be an MLA. His vote can also not be invalidated for defying the party direction, according to the ECI rules. This puts political parties in a spot since the use of NOTA does not count as supporting a rival candidate either. It adds to the Congresses woes as 11 MLAs had cross voted in the Presidential polls. While six MLAs have now resigned from the party, 5 still remain as the x-factor. The party's unsaid fear is that they may use NOTA to defy the party whip.

Lastly, Rajya Sabha polls use ballot papers and not EVM machines. The BJP too had approached the Election Commission on Wednesday seeking removal of the NOTA option in the upcoming Rajya Sabha election in Gujarat. The party based its plea on the fact that there was no secrecy for the voting in Rajya Sabha election, so, the purpose of NOTA is not much of use and that and NOTA option goes against the nature of the whip that parties issue for such elections.